[108th Congress Public Law 373]
[From the U.S. Government Printing Office]
[DOCID: f:publ373.108]
[[Page 1755]]
ECONOMIC DEVELOPMENT ADMINISTRATION REAUTHORIZATION ACT OF 2004
[[Page 118 STAT. 1756]]
Public Law 108-373
108th Congress
An Act
To reauthorize and improve the program authorized by the Public Works
and Economic Development Act of 1965. <<NOTE: Oct. 27, 2004 - [S.
1134]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. <<NOTE: Economic Development Administration Reauthorization
Act of 2004. Rural and urban areas.>> SHORT TITLE; TABLE OF
CONTENTS.
(a) Short Title.--This <<NOTE: 42 USC 3121 note.>> Act may be cited
as the ``Economic Development Administration Reauthorization Act of
2004''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--GENERAL PROVISIONS
Sec. 101. Findings and declarations.
Sec. 102. Definitions.
Sec. 103. Establishment of Economic Development partnerships.
Sec. 104. Coordination.
TITLE II--GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT
Sec. 201. Grants for planning.
Sec. 202. Cost sharing.
Sec. 203. Supplementary grants.
Sec. 204. Regulations on relative needs and allocations.
Sec. 205. Grants for training, research, and technical assistance.
Sec. 206. Prevention of unfair competition.
Sec. 207. Grants for economic adjustment.
Sec. 208. Use of funds in projects constructed under projected cost.
Sec. 209. Special impact areas.
Sec. 210. Performance awards.
Sec. 211. Planning performance awards.
Sec. 212. Direct expenditure or redistribution by recipient.
Sec. 213. Brightfields demonstration program.
TITLE III--COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGIES
Sec. 301. Eligibility of areas.
Sec. 302. Comprehensive Economic Development strategies.
TITLE IV--ECONOMIC DEVELOPMENT DISTRICTS
Sec. 401. Incentives.
Sec. 402. Provision of comprehensive Economic Development strategies to
Regional Commissions.
TITLE V--ADMINISTRATION
Sec. 501. Economic Development information clearinghouse.
Sec. 502. Businesses desiring Federal contracts.
Sec. 503. Performance evaluations of grant recipients.
Sec. 504. Conforming amendments.
TITLE VI--MISCELLANEOUS
Sec. 601. Annual report to Congress.
Sec. 602. Relationship to assistance under other law.
[[Page 118 STAT. 1757]]
Sec. 603. Brownfields redevelopment report.
Sec. 604. Savings clause.
Sec. 605. Sense of Congress regarding Economic Development
Representatives.
TITLE VII--FUNDING
Sec. 701. Authorization of appropriations.
Sec. 702. Funding for grants for planning and grants for administrative
expenses.
TITLE I--GENERAL PROVISIONS
SEC. 101. FINDINGS AND DECLARATIONS.
Section 2 of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3121) is amended to read as follows:
``SEC. 2. FINDINGS AND DECLARATIONS.
``(a) Findings.--Congress finds that--
``(1) there continue to be areas of the United States
experiencing chronic high unemployment, underemployment,
outmigration, and low per capita incomes, as well as areas
facing sudden and severe economic dislocations because of
structural economic changes, changing trade patterns, certain
Federal actions (including environmental requirements that
result in the removal of economic activities from a locality),
and natural disasters;
``(2) economic growth in the States, cities, and rural areas
of the United States is produced by expanding economic
opportunities, expanding free enterprise through trade,
developing and strengthening public infrastructure, and creating
a climate for job creation and business development;
``(3) the goal of Federal economic development programs is
to raise the standard of living for all citizens and increase
the wealth and overall rate of growth of the economy by
encouraging communities to develop a more competitive and
diversified economic base by--
``(A) creating an environment that promotes economic
activity by improving and expanding public
infrastructure;
``(B) promoting job creation through increased
innovation, productivity, and entrepreneurship; and
``(C) empowering local and regional communities
experiencing chronic high unemployment and low per
capita income to develop private sector business and
attract increased private sector capital investment;
``(4) while economic development is an inherently local
process, the Federal Government should work in partnership with
public and private State, regional, tribal, and local
organizations to maximize the impact of existing resources and
enable regions, communities, and citizens to participate more
fully in the American dream and national prosperity;
``(5) in order to avoid duplication of effort and achieve
meaningful, long-lasting results, Federal, State, tribal, and
local economic development activities should have a clear focus,
improved coordination, a comprehensive approach, and simplified
and consistent requirements; and
``(6) Federal economic development efforts will be more
effective if the efforts are coordinated with, and build upon,
the trade, workforce investment, transportation, and technology
programs of the United States.
[[Page 118 STAT. 1758]]
``(b) Declarations.--In order to promote a strong and growing
economy throughout the United States, Congress declares that--
``(1) assistance under this Act should be made available to
both rural- and urban-distressed communities;
``(2) local communities should work in partnership with
neighboring communities, the States, Indian tribes, and the
Federal Government to increase the capacity of the local
communities to develop and implement comprehensive economic
development strategies to alleviate economic distress and
enhance competitiveness in the global economy;
``(3) whether suffering from long-term distress or a sudden
dislocation, distressed communities should be encouraged to
support entrepreneurship to take advantage of the development
opportunities afforded by technological innovation and expanding
newly opened global markets; and
``(4) assistance under this Act should be made available to
promote the productive reuse of abandoned industrial facilities
and the redevelopment of brownfields.''.
SEC. 102. DEFINITIONS.
(a) Eligible Recipient.--Section 3(4)(A) of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3122(4)(A)) is amended--
(1) by striking clause (i) and redesignating clauses (ii)
through (vii) as clauses (i) through (vi), respectively; and
(2) in clause (iv) (as redesignated by paragraph (1)) by
inserting ``, including a special purpose unit of a State or
local government engaged in economic or infrastructure
development activities,'' after ``State''.
(b) Regional Commissions; University Center.--Section 3 of the
Public Works and Economic Development Act of 1965 (42 U.S.C. 3122) is
amended--
(1) by redesignating paragraphs (8), (9), and (10) as
paragraphs (9), (10), and (11), respectively;
(2) by inserting after paragraph (7) the following:
``(8) Regional commissions.--The term `Regional Commissions'
means--
``(A) the Appalachian Regional Commission
established under chapter 143 of title 40, United States
Code;
``(B) the Delta Regional Authority established under
subtitle F of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009aa et seq.);
``(C) the Denali Commission established under the
Denali Commission Act of 1998 (42 U.S.C. 3121 note; 112
Stat. 2681-637 et seq.); and
``(D) the Northern Great Plains Regional Authority
established under subtitle G of the Consolidated Farm
and Rural Development Act (7 U.S.C. 2009bb et seq.).'';
and
(3) by adding at the end the following:
``(12) University center.--The term `university center'
means an institution of higher education or a consortium of
institutions of higher education established as a University
Center for Economic Development under section 207(a)(2)(D).''.
[[Page 118 STAT. 1759]]
SEC. 103. ESTABLISHMENT OF ECONOMIC DEVELOPMENT PARTNERSHIPS.
Section 101 of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3131) is amended--
(1) in subsection (b), by striking ``and multi-State
regional organizations'' and inserting ``multi-State regional
organizations, and nonprofit organizations''; and
(2) in subsection (d)(1), by striking ``adjoining'' each
place it appears.
SEC. 104. COORDINATION.
Section 103 of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3132) <<NOTE: 42 USC 3133.>> is amended--
(1) by inserting ``(a) In General.--'' before ``The
Secretary'';
(2) in subsection (a) (as designated by paragraph (1)), by
inserting ``Indian tribes,'' after ``districts,''; and
(3) by adding at the end the following:
``(b) Meetings.--To carry out subsection (a), or for any other
purpose relating to economic development activities, the Secretary may
convene meetings with Federal agencies, State and local governments,
economic development districts, Indian tribes, and other appropriate
planning and development organizations.''.
TITLE II--GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT
SEC. 201. GRANTS FOR PLANNING.
Section 203(d) of the Public Works and Economic Development Act of
1965 (42 U.S.C. 3143(d)) is amended--
(1) in paragraph (1), by inserting ``, to the maximum extent
practicable,'' after ``developed'' the second place it appears;
(2) by striking paragraph (3) and inserting the following:
``(3) Coordination.--Before providing assistance for a State
plan under this section, the Secretary shall consider the extent
to which the State will consider local and economic development
district plans.''; and
(3) in paragraph (4)--
(A) by striking ``and'' at the end of subparagraph
(C);
(B) by redesignating subparagraph (D) as
subparagraph (F); and
(C) by adding after subparagraph (C) the following:
``(D) assist in carrying out the workforce
investment strategy of a State;
``(E) promote the use of technology in economic
development, including access to high-speed
telecommunications; and''.
SEC. 202. COST SHARING.
(a) Federal Share.--Section 204 of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3144) is amended by striking
subsection (a) and inserting the following:
``(a) Federal Share.--Except as provided in subsection (c), the
Federal share of the cost of any project carried out under this title
shall not exceed--
``(1) 50 percent; plus
``(2) an additional percent that--
[[Page 118 STAT. 1760]]
``(A) shall not exceed 30 percent; and
``(B) is based on the relative needs of the area in
which the project will be located, as determined in
accordance with regulations promulgated by the
Secretary.''.
(b) Non-Federal Share.--Section 204(b) of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3144(b)) is amended by
inserting ``assumptions of debt,'' after ``equipment,''.
(c) Increase in Federal Share.--Section 204 of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3144) is amended by adding
at the end the following:
``(c) Increase in Federal Share.--
``(1) Indian tribes.--In the case of a grant to an Indian
tribe for a project under this title, the Secretary may increase
the Federal share above the percentage specified in subsection
(a) up to 100 percent of the cost of the project.
``(2) Certain states, political subdivisions, and nonprofit
organizations.--In the case of a grant to a State, or a
political subdivision of a State, that the Secretary determines
has exhausted the effective taxing and borrowing capacity of the
State or political subdivision, or in the case of a grant to a
nonprofit organization that the Secretary determines has
exhausted the effective borrowing capacity of the nonprofit
organization, the Secretary may increase the Federal share above
the percentage specified in subsection (a) up to 100 percent of
the cost of the project.
``(3) Training, research, and technical assistance.--In the
case of a grant provided under section 207, the Secretary may
increase the Federal share above the percentage specified in
subsection (a) up to 100 percent of the cost of the project if
the Secretary determines that the project funded by the grant
merits, and is not feasible without, such an increase.''.
SEC. 203. SUPPLEMENTARY GRANTS.
(a) In General.--Section 205 of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3145) is amended by striking
subsection (b) and inserting the following:
``(b) Supplementary Grants.--Subject to subsection (c), in order to
assist eligible recipients in taking advantage of designated Federal
grant programs, on the application of an eligible recipient, the
Secretary may make a supplementary grant for a project for which the
recipient is eligible but for which the recipient cannot provide the
required non-Federal share because of the economic situation of the
recipient.''.
(b) Requirements Applicable to Supplementary Grants.--Section 205(c)
of the Public Works and Economic Development Act of 1965 (42 U.S.C.
3145(c)) is amended--
(1) by striking paragraphs (1) and (2) and inserting the
following:
``(1) Amount of supplementary grants.--The share of the
project cost supported by a supplementary grant under this
section may not exceed the applicable Federal share under
section 204.
``(2) Form of supplementary grants.--The Secretary shall
make supplementary grants by--
``(A) the payment of funds made available under this
Act to the heads of the Federal agencies responsible for
carrying out the applicable Federal programs; or
[[Page 118 STAT. 1761]]
``(B) the award of funds under this Act, which will
be combined with funds transferred from other Federal
agencies in projects administered by the Secretary.'';
and
(2) by striking paragraph (4).
SEC. 204. REGULATIONS ON RELATIVE NEEDS AND ALLOCATIONS.
Section 206 of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3146) is amended--
(1) in paragraph (1)(C), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(3)(A) rural and urban economically distressed areas are
not harmed by the establishment or implementation by the
Secretary of a private sector leveraging goal for a project
under this title;
``(B) any private sector leveraging goal established by the
Secretary does not prohibit or discourage grant applicants under
this title from public works in, or economic development of,
rural or urban economically distressed areas; and
``(C) the relevant Committees of Congress are notified prior
to making any changes to any private sector leveraging goal; and
``(4) grants made under this title promote job creation and
will have a high probability of meeting or exceeding applicable
performance requirements established in connection with the
grants.''.
SEC. 205. GRANTS FOR TRAINING, RESEARCH, AND TECHNICAL ASSISTANCE.
(a) In General.--Section 207(a)(2) of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3147(a)(2)) is amended--
(1) by striking ``and'' at the end of subparagraph (F);
(2) by redesignating subparagraph (G) as subparagraph (I);
and
(3) by inserting after subparagraph (F) the following:
``(G) studies that evaluate the effectiveness of
coordinating projects funded under this Act with
projects funded under other Acts;
``(H) assessment, marketing, and establishment of
business clusters; and''.
(b) Cooperation Requirement.--Section 207(a) of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3147(a)) is amended by
striking paragraph (3) and inserting the following:
``(3) Cooperation requirement.--In the case of a project
assisted under this section that is national or regional in
scope, the Secretary may waive the provision in section
3(4)(A)(vi) requiring a nonprofit organization or association to
act in cooperation with officials of a political subdivision of
a State.''.
SEC. 206. PREVENTION OF UNFAIR COMPETITION.
(a) In General.--Section 208 of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3148) is repealed.
(b) Conforming Amendment.--The table of contents in section 1(b) of
the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121
note) is amended by striking the item relating to section 208.
[[Page 118 STAT. 1762]]
SEC. 207. GRANTS FOR ECONOMIC ADJUSTMENT.
(a) Assistance to Manufacturing Communities.--Section 209(c) of the
Public Works and Economic Development Act of 1965 (42 U.S.C. 3149(c)) is
amended--
(1) in paragraph (3), by striking ``or'';
(2) in paragraph (4), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(5) the loss of manufacturing jobs, for reinvesting in and
diversifying the economies of the communities.''.
(b) Direct Expenditure or Redistribution by Recipient; Special
Provisions Relating to Revolving Loan Fund Grants.--Section 209 of the
Public Works and Economic Development Act of 1965 (42 U.S.C. 3149) is
amended by striking subsection (d) and inserting the following:
``(d) Special Provisions Relating to Revolving Loan Fund Grants.--
``(1) In general.--The <<NOTE: Regulations.>> Secretary
shall promulgate regulations to maintain the proper operation
and financial integrity of revolving loan funds established by
recipients with assistance under this section.
``(2) Efficient administration.--The Secretary may--
``(A) at the request of a grantee, amend and
consolidate grant agreements governing revolving loan
funds to provide flexibility with respect to lending
areas and borrower criteria;
``(B) assign or transfer assets of a revolving loan
fund to third party for the purpose of liquidation, and
the third party may retain assets of the fund to defray
costs related to liquidation; and
``(C) take such actions as are appropriate to enable
revolving loan fund operators to sell or securitize
loans (except that the actions may not include issuance
of a Federal guaranty by the Secretary).
``(3) Treatment of actions.--An action taken by the
Secretary under this subsection with respect to a revolving loan
fund shall not constitute a new obligation if all grant funds
associated with the original grant award have been disbursed to
the recipient.
``(4) Preservation of securities laws.--
``(A) Not treated as exempted securities.--No
securities issued pursuant to paragraph (2)(C) shall be
treated as exempted securities for purposes of the
Securities Act of 1933 (15 U.S.C. 77a et seq.) or the
Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.),
unless exempted by rule or regulation of the Securities
and Exchange Commission.
``(B) Preservation.--Except as provided in
subparagraph (A), no provision of this subsection or any
regulation promulgated by the Secretary under this
subsection supersedes or otherwise affects the
application of the securities laws (as the term is
defined in section 3(a) of the Securities Exchange Act
of 1934 (15 U.S.C. 78c(a))) or the rules, regulations,
or orders of the Securities and Exchange Commission or a
self-regulatory organization under that Commission.''.
[[Page 118 STAT. 1763]]
SEC. 208. USE OF FUNDS IN PROJECTS CONSTRUCTED UNDER PROJECTED COST.
Section 211 of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3151) is amended to read as follows:
``SEC. 211. USE OF FUNDS IN PROJECTS CONSTRUCTED UNDER PROJECTED COST.
``(a) In General.--In the case of a grant to a recipient for a
construction project under section 201 or 209, if the Secretary
determines, before closeout of the project, that the cost of the
project, based on the designs and specifications that were the basis of
the grant, has decreased because of decreases in costs, the Secretary
may approve, without further appropriation, the use of the excess funds
(or a portion of the excess funds) by the recipient--
``(1) to increase the Federal share of the cost of a project
under this title to the maximum percentage allowable under
section 204; or
``(2) to improve the project.
``(b) Other Uses of Excess Funds.--Any amount of excess funds
remaining after application of subsection (a) may be used by the
Secretary for providing assistance under this Act.
``(c) Transferred Funds.--In the case of excess funds described in
subsection (a) in projects using funds transferred from other Federal
agencies pursuant to section 604, the Secretary shall--
``(1) use the funds in accordance with subsection (a), with
the approval of the originating agency; or
``(2) return the funds to the originating agency.
``(d) Review by Comptroller General.--
``(1) Review.--The Comptroller General of the United States
shall regularly review the implementation of this section.
``(2) Report.--Not later than 1 year after the date of
enactment of this subsection, the Comptroller General shall
submit to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report on the findings of the
Comptroller General on implementation of this subsection.''.
SEC. 209. SPECIAL IMPACT AREAS.
(a) In General.--Title II of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3141 et seq.) is amended by adding at
the end the following:
``SEC. 214. <<NOTE: 42 USC 3154.>> SPECIAL IMPACT AREAS.
``(a) In General.--On the application of an eligible recipient that
is determined by the Secretary to be unable to comply with the
requirements of section 302, the Secretary may waive, in whole or in
part, the requirements of section 302 and designate the area represented
by the recipient as a special impact area.
``(b) Conditions.--The Secretary may make a designation under
subsection (a) only after determining that--
``(1) the project will fulfill a pressing need of the area;
and
``(2) the project will--
``(A) be useful in alleviating or preventing
conditions of excessive unemployment or underemployment;
or
[[Page 118 STAT. 1764]]
``(B) assist in providing useful employment
opportunities for the unemployed or underemployed
residents in the area.
``(c) Notification.--At the time of the designation under subsection
(a), the Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a written notice of the
designation, including a justification for the designation.''.
(b) Conforming Amendment.--The table of contents contained in
section 1(b) of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3121 note) is amended by inserting after the item relating to
section 213 the following:
``Sec. 214. Special impact areas.''.
SEC. 210. PERFORMANCE AWARDS.
(a) In General.--Title II of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3141 et seq.) (as amended by section
209) is amended by adding at the end the following:
``SEC. 215. <<NOTE: 42 USC 3154a.>> PERFORMANCE AWARDS.
``(a) In General.--The Secretary may make a performance award in
connection with a grant made, on or after the date of enactment of this
section, to an eligible recipient for a project under section 201 or
209.
``(b) Performance Measures.--
``(1) Regulations.--The Secretary shall promulgate
regulations to establish performance measures for making
performance awards under subsection (a).
``(2) Considerations.--In promulgating regulations under
paragraph (1), the Secretary shall consider the inclusion of
performance measures that assess--
``(A) whether the recipient meets or exceeds
scheduling goals;
``(B) whether the recipient meets or exceeds job
creation goals;
``(C) amounts of private sector capital investments
leveraged; and
``(D) such other factors as the Secretary determines
to be appropriate.
``(c) Amount of Awards.--
``(1) In general.--The Secretary shall base the amount of a
performance award made under subsection (a) in connection with a
grant on the extent to which a recipient meets or exceeds
performance measures established in connection with the grant.
``(2) Maximum amount.--The amount of a performance award may
not exceed 10 percent of the amount of the grant.
``(d) Use of Awards.--A recipient of a performance award under
subsection (a) may use the award for any eligible purpose under this
Act, in accordance with section 602 and such regulations as the
Secretary may promulgate.
``(e) Federal Share.--Notwithstanding section 204, the funds of a
performance award may be used to pay up to 100 percent of the cost of an
eligible project or activity.
[[Page 118 STAT. 1765]]
``(f) Treatment in Meeting Non-Federal Share Requirements.--For the
purposes of meeting the non-Federal share requirements under this, or
any other, Act the funds of a performance award shall be treated as
funds from a non-Federal source.
``(g) Terms and Conditions.--In making performance awards under
subsection (a), the Secretary shall establish such terms and conditions
as the Secretary considers to be appropriate.
``(h) Funding.--The Secretary shall use any amounts made available
for economic development assistance programs to carry out this section.
``(i) Reporting Requirement.--The Secretary shall include
information regarding performance awards made under this section in the
annual report required under section 603.
``(j) Review by Comptroller General.--
``(1) Review.--The Comptroller General shall regularly
review the implementation of this section.
``(2) Report.--Not later than 1 year after the date of
enactment of this section, the Comptroller General shall submit
to the Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives a report on the findings of the
Comptroller on implementation of this subsection.''.
(b) Conforming Amendment.--The table of contents contained in
section 1(b) of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3121 note) is amended by inserting after the item relating to
section 214 the following:
``Sec. 215. Performance awards.''.
SEC. 211. PLANNING PERFORMANCE AWARDS.
(a) In General.--Title II of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3141 et seq.) (as amended by section
210) is amended by adding at the end the following:
``SEC. 216. <<NOTE: 42 USC 3154b.>> PLANNING PERFORMANCE AWARDS.
``(a) In General.--The Secretary may make a planning performance
award in connection with a grant made, on or after the date of enactment
of this section, to an eligible recipient for a project under this title
located in an economic development district.
``(b) Eligibility.--The Secretary may make a planning performance
award to an eligible recipient under subsection (a) in connection with a
grant for a project if the Secretary determines before closeout of the
project that--
``(1) the recipient actively participated in the economic
development activities of the economic development district in
which the project is located;
``(2) the project is consistent with the comprehensive
economic development strategy of the district;
``(3) the recipient worked with Federal, State, and local
economic development entities throughout the development of the
project; and
``(4) the project was completed in accordance with the
comprehensive economic development strategy of the district.
``(c) Maximum Amount.--The amount of a planning performance award
made under subsection (a) in connection with a grant may not exceed 5
percent of the amount of the grant.
[[Page 118 STAT. 1766]]
``(d) Use of Awards.--A recipient of a planning performance award
under subsection (a) shall use the award to increase the Federal share
of the cost of a project under this title.
``(e) Federal Share.--Notwithstanding section 204, the funds of a
planning performance award may be used to pay up to 100 percent of the
cost of a project under this title.
``(f) Funding.--The Secretary shall use any amounts made available
for economic development assistance programs to carry out this
section.''.
(b) Conforming Amendment.--The table of contents contained in
section 1(b) of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3121 note) is amended by inserting after the item relating to
section 215 the following:
``Sec. 216. Planning performance awards.''.
SEC. 212. DIRECT EXPENDITURE OR REDISTRIBUTION BY RECIPIENT.
(a) In General.--Title II of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3141 et seq.) (as amended by section
211) is amended by adding at the end the following:
``SEC. 217. <<NOTE: 42 USC 3154c.>> DIRECT EXPENDITURE OR REDISTRIBUTION
BY RECIPIENT.
``(a) In General.--Subject to subsection (b), a recipient of a grant
under section 201, 203, or 207 may directly expend the grant funds or
may redistribute the funds in the form of a subgrant to other eligible
recipients to fund required components of the scope of work approved for
the project.
``(b) Limitation.--A recipient may not redistribute grant funds
received under section 201 or 203 to a for-profit entity.
``(c) Economic Adjustment.--Subject to subsection (d), a recipient
of a grant under section 209 may directly expend the grant funds or may
redistribute the funds to public and private entities in the form of a
grant, loan, loan guarantee, payment to reduce interest on a loan
guarantee, or other appropriate assistance.
``(d) Limitation.--Under subsection (c), a recipient may not provide
any grant to a private for-profit entity.''.
(b) Conforming Amendment.--The table of contents contained in
section 1(b) of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3121 note) is amended by inserting after the item relating to
section 216 the following:
``Sec. 217. Direct expenditure or redistribution by
recipient.''.
SEC. 213. BRIGHTFIELDS DEMONSTRATION PROGRAM.
(a) In General.--Title II of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3141 et seq.) (as amended by section
212) is amended by adding at the end the following:
``SEC. 218. <<NOTE: 42 USC 3154d.>> BRIGHTFIELDS DEMONSTRATION PROGRAM.
``(a) Definition of Brightfield Site.--In this section, the term
`brightfield site' means a brownfield site that is redeveloped through
the incorporation of 1 or more solar energy technologies.
``(b) Demonstration Program.--On the application of an eligible
recipient, the Secretary may make a grant for a project for the
development of a brightfield site if the Secretary determines that the
project will--
``(1) use 1 or more solar energy technologies to develop
abandoned or contaminated sites for commercial use; and
[[Page 118 STAT. 1767]]
``(2) improve the commercial and economic opportunities in
the area in which the project is located.
``(c) Savings Clause.--To the extent that any portion of a grant
awarded under subsection (b) involves remediation, the remediation shall
be subject to section 612.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2004 through 2008, to remain available until expended.''.
(b) Conforming Amendment.--The table of contents contained in
section 1(b) of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3121 note) is amended by inserting after the item relating to
section 217 (as added by section 212(b)) the following:
``Sec. 218. Brightfields demonstration program.''.
TITLE III--COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGIES
SEC. 301. ELIGIBILITY OF AREAS.
Section 301(c)(1) of the Public Works and Economic Development Act
of 1965 (42 U.S.C. 3161(c)(1)) is amended by inserting after ``most
recent Federal data available'' the following: ``(including data
available from the Bureau of Economic Analysis, the Bureau of Labor
Statistics, the Census Bureau, the Bureau of Indian Affairs, or any
other Federal source determined by the Secretary to be appropriate)''.
SEC. 302. COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGIES.
(a) In General.--Section 302(a)(3)(A) of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3162(a)(3)(A)) is amended by
inserting ``maximizes effective development and use of the workforce
consistent with any applicable State or local workforce investment
strategy, promotes the use of technology in economic development
(including access to high-speed telecommunications),'' after
``access,''.
(b) Approval of Other Plan.--Section 302(c) of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3162(c)) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(2) by adding at the end the following:
``(2) Existing strategy.--To the maximum extent
practicable, a plan submitted under this paragraph shall be
consistent and coordinated with any existing comprehensive
economic development strategy for the area.''.
TITLE IV--ECONOMIC DEVELOPMENT DISTRICTS
SEC. 401. INCENTIVES.
(a) In General.--Section 403 of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3173) is repealed.
[[Page 118 STAT. 1768]]
(b) Conforming Amendment.--The table of contents in section 1(b) of
the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121
note) is amended by striking the item relating to section 403.
SEC. 402. PROVISION OF COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGIES TO
REGIONAL COMMISSIONS.
(a) In General.--Section 404 of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3174) is amended to read as follows:
``SEC. 404. PROVISION OF COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGIES
TO REGIONAL COMMISSIONS.
``If any part of an economic development district is in a region
covered by 1 or more of the Regional Commissions, the economic
development district shall ensure that a copy of the comprehensive
economic development strategy of the district is provided to the
affected Regional Commission.''.
(b) Conforming Amendment.--The table of contents contained in
section 1(b) of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3121 note) is amended by striking the item relating to
section 404 and inserting the following:
``Sec. 404. Provision of comprehensive economic development
strategies to Regional Commissions.''.
TITLE V--ADMINISTRATION
SEC. 501. ECONOMIC DEVELOPMENT INFORMATION CLEARINGHOUSE.
Section 502 of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3192) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) maintain a central information clearinghouse on the
Internet with--
``(A) information on economic development, economic
adjustment, disaster recovery, defense conversion, and
trade adjustment programs and activities of the Federal
Government;
``(B) links to State economic development
organizations; and
``(C) links to other appropriate economic
development resources;'';
(2) by striking paragraph (2) and inserting the following:
``(2) assist potential and actual applicants for economic
development, economic adjustment, disaster recovery, defense
conversion, and trade adjustment assistance under Federal and
State laws in locating and applying for the assistance;'';
(3) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(4) by adding at the end the following:
``(4) obtain appropriate information from other Federal
agencies needed to carry out the duties under this Act.''.
SEC. 502. BUSINESSES DESIRING FEDERAL CONTRACTS.
(a) In General.--Section 505 of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3195) is repealed.
(b) Conforming Amendment.--The table of contents in section 1(b) of
the Public Works and Economic Development Act of 1965
[[Page 118 STAT. 1769]]
(42 U.S.C. 3121 note) is amended by striking the item relating to
section 505.
SEC. 503. PERFORMANCE EVALUATIONS OF GRANT RECIPIENTS.
(a) In General.--Section 506(c) of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3196(c)) is amended by striking
``after the effective date of the Economic Development Administration
Reform Act of 1998''.
(b) Evaluation Criteria.--Section 506(d)(2) of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3196(d)(2)) is amended by
inserting ``program performance,'' after ``applied research,''.
SEC. 504. CONFORMING AMENDMENTS.
Section 602 of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3212) is amended--
(1) in the first sentence, by striking ``in accordance
with'' and all that follows before the period at the end and
inserting ``in accordance with subchapter IV of chapter 31 of
title 40, United States Code''; and
(2) in the third sentence, by striking ``section 2 of the
Act of June 13, 1934, as amended (40 U.S.C. 276c)'' and
inserting ``section 3145 of title 40, United States Code''.
TITLE VI--MISCELLANEOUS
SEC. 601. ANNUAL REPORT TO CONGRESS.
Section 603 of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3213) is amended--
(1) by striking ``Not later'' and inserting the following:
``(a) In General.--Not later''; and
(2) by adding at the end the following:
``(b) Inclusions.--Each report required under subsection (a) shall--
``(1) <<NOTE: Records.>> include a list of all grant
recipients by State, including the projected private sector
dollar to Federal dollar investment ratio for each grant
recipient;
``(2) include a discussion of any private sector leveraging
goal with respect to grants awarded to--
``(A) rural and urban economically distressed areas;
and
``(B) highly distressed areas; and
``(3) after the completion of a project, include the
realized private sector dollar to Federal dollar investment
ratio for the project.''.
SEC. 602. RELATIONSHIP TO ASSISTANCE UNDER OTHER LAW.
Section 609 of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3219) is amended--
(1) by striking subsection (a); and
(2) by striking ``(b) Assistance Under Other
Acts.--''.
SEC. 603. BROWNFIELDS REDEVELOPMENT REPORT.
(a) In General.--Title VI of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3171 et seq.) is amended by adding at
the end the following:
[[Page 118 STAT. 1770]]
``SEC. 611. <<NOTE: 42 USC 3221.>> BROWNFIELDS REDEVELOPMENT REPORT.
``(a) Definition of Brownfield Site.--In this section, the term
`brownfield site' has the meaning given the term in section 101(39) of
the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9601(39)).
``(b) Report.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Comptroller General shall prepare
a report that evaluates the grants made by the Economic
Development Administration for the economic development of
brownfield sites.
``(2) Contents.--The report shall--
``(A) identify each project conducted during the
previous 10-year period in which grant funds have been
used for brownfield sites redevelopment activities; and
``(B) include for each project a description of--
``(i) the type of economic development
activities conducted;
``(ii) if remediation activities were
conducted--
``(I) the type of remediation
activities; and
``(II) the amount of grant money
used for those activities in dollars and
as a percentage of the total grant
award;
``(iii) the economic development and
environmental standards applied, if applicable;
``(iv) the economic development impact of the
project;
``(v) the role of Federal, State, or local
environmental agencies, if any; and
``(vi) public participation in the project.
``(3) Submission of report.--The Comptroller General shall
submit to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a copy of the report.''.
(b) Conforming Amendment.--The table of contents contained in
section 1(b) of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3121 note) is amended by inserting after the item relating to
section 610 the following:
``Sec. 611. Brownfields redevelopment report.''.
SEC. 604. SAVINGS CLAUSE.
(a) In General.--Title VI of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3171 et seq.) (as amended by section
603(a)) is amended by adding at the end the following:
``SEC. 612. <<NOTE: 42 USC 3222.>> SAVINGS CLAUSE.
``To the extent that any portion of grants made under this Act are
used for an economic development project that involves remediation, the
remediation shall be conducted in compliance with all applicable
Federal, State, and local laws and standards.''.
(b) Conforming Amendment.--The table of contents contained in
section 1(b) of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3121 note) is amended by inserting after the item relating to
section 611 (as added by section 603(b)) the following:
``Sec. 612. Savings clause.''.
[[Page 118 STAT. 1771]]
SEC. 605. SENSE OF CONGRESS REGARDING ECONOMIC DEVELOPMENT
REPRESENTATIVES.
(a) Findings.--Congress finds that--
(1) planning and coordination among Federal agencies, State
and local governments, Indian tribes, and economic development
districts is vital to the success of an economic development
program;
(2) economic development representatives of the Economic
Development Administration provide distressed communities with
the technical assistance necessary to foster this planning and
coordination; and
(3) in the 5 years preceding the date of enactment of this
Act, the number of economic development representatives has
declined by almost 25 percent.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary should maintain a sufficient number of economic development
representatives to ensure that the Economic Development Administration
is able to provide effective assistance to distressed communities and
foster economic growth and development among the States.
TITLE VII--FUNDING
SEC. 701. AUTHORIZATION OF APPROPRIATIONS.
Section 701 of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3231) is amended to read as follows:
``SEC. 701. GENERAL AUTHORIZATION OF APPROPRIATIONS.
``(a) Economic Development Assistance Programs.--There are
authorized to be appropriated for economic development assistance
programs to carry out this Act, to remain available until expended--
``(1) $400,000,000 for fiscal year 2004;
``(2) $425,000,000 for fiscal year 2005;
``(3) $450,000,000 for fiscal year 2006;
``(4) $475,000,000 for fiscal year 2007; and
``(5) $500,000,000 for fiscal year 2008.''
``(b) Salaries and Expenses.--There are authorized to be
appropriated for salaries and expenses of administering this Act, to
remain available until expended--
``(1) $33,377,000 for fiscal year 2004; and
``(2) such sums as are necessary for each fiscal year
thereafter.''.
SEC. 702. FUNDING FOR GRANTS FOR PLANNING AND GRANTS FOR ADMINISTRATIVE
EXPENSES.
(a) In General.--Title VII of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3231 et seq.) is amended by adding at
the end the following:
``SEC. 704. <<NOTE: 42 USC 3234.>> FUNDING FOR GRANTS FOR PLANNING AND
GRANTS FOR ADMINISTRATIVE EXPENSES.
``Of the amounts made available under section 701 for each fiscal
year, not less than $27,000,000 shall be made available for grants
provided under section 203.''.
(b) Conforming Amendment.--The table of contents contained in
section 1(b) of the Public Works and Economic Development
[[Page 118 STAT. 1772]]
Act of 1965 (42 U.S.C. 3121 note) is amended by inserting after the item
relating to section 703 the following:
``Sec. 704. Funding for grants for planning and grants for
administrative expenses.''.
Approved October 27, 2004.
LEGISLATIVE HISTORY--S. 1134 (H.R. 2535):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 108-242, Pt. 1 accompanying H.R. 2535 (Comm. on
Transportation and Infrastructure).
SENATE REPORTS: No. 108-382 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 150 (2004):
Oct. 6, considered and passed Senate.
Oct. 7, considered and passed House.
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